the same was granted, to be filed in the office of the clerk of the county in which the action is to be tried. Amended by Laws of 1857, ch. 723; 1860, ch. 459. 18 B., 142; 22 How. P. R., 725, 365; 20 How. P. R., 93, 19 How. P. R., CHAP. XI. in county clerk's office. obtaining $230. Before issuing the warrant, the judge shall require Security on a written undertaking on the part of the plaintiff, with suffi- warrant. cient surety, to the effect, that if the defendant recover judgment, or the attachment be set aside by the order of the court, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars. As amended by Laws of 1862, ch. 460. 8 B., 656; 5 How. P. R., 386; 12 Ab., 63; 10 Ab., 424. whom di what to $231. The warrant shall be directed to the sheriff of any Warrant to county in which property of such defendant may be, and rected, and shall require him to attach and safely keep all the property require. of such defendant within his county, or so much thereof as may be sufficient to satisfy the plaintiff's demand together with costs and expenses. The amount of which must be stated in conformity with the complaint, together with costs and expenses. Several warrants may be issued at the same time to the sheriffs of different counties. As amended by Laws of 1851, ch. 479. 27 B., 468; 18 B., 56; How. P. R., 119; 8 How. P. R., 77; 13 Ab., proceeding rant. $232. The sheriff to whom such warrant of attachment is Mode of directed and delivered, shall proceed thereon in all respects, in execu in the manner required of him by law in case of attachments ting waragainst absent debtors, shall make and return an inventory, and shall keep the property seized by him, or the proceeds of such as shall have been sold, to answer any judgment which may be obtained in such action, and shall, subject to the direction of the court or judge, collect and receive into his possession all debts, credits and effects of the defendant. The sheriff may also take such legal proceedings either in his own name or in the name of such defendant, as may be necessary for that purpose, and discontinue the same at such times and on such terms as the court or judge may direct. 32 B., 602; 31 B., 89; 27 B., 468; 12 B., 287; 20 How. P. R., 345; 14 ings in case ble proper $233. If any property so seized shall be perishable, or if Proceedany part of it be claimed by any other person than such of perisha defendant, or if any part of it consist of a vessel, or of any ty or vesshare or interest therein, the same proceedings shall be had sels. in all respects as are provided by law upon attachments against absent debtors. 27 B., 468; 14 How. P. R., 347. PART III. Interest in corpora tions or associations liable to attachment. Attach ment, how executed incapable of manual delivery. S234. The rights or shares which such defendant may have in the stock of any association, or corporation, together with the interest, and profits thereon, and all other property in the state of such defendant, shall be liable to be attached and levied upon and sold to satisfy the judgment and execution. 13 Ab., 454; 10 Ab., 88. $235. The execution of the attachment upon any such rights, shares, or any debts or other property incapable of on property manual delivery to the sheriff, shall be made by leaving a certified copy of the warrant of attachment with the president or other head of the association or corporation, or the secretary, cashier, or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property levied on. Certificate of defend rest to be furnished by corporations. Judgment, how satisfied. 32 B., 603; 26 B., 62; 11 How. P. R., 520; 11 Ab., 3; 4 Ab., 368; 4 E. D. S., 443; 3 E. D. S., 117. $236. Whenever the sheriff shall with a warrant of attachment, or execution against the defendant, apply to such officer, debtor or individual, for the purpose of attaching, or levying upon, such property, such officer, debtor, or individual, shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend, or any incumbrance thereon, or the amount and description of the property, held by such association, corporation or individual, for the benefit of, or debt owing to the defendant. If such officer, debtor or individual refuse to do so, he may be required by the court or judge to attend before him, and be examined on oath, concerning the same, and obedience to such orders may be enforced by attachment. 26 B., 62; 22 How. P. R., 278; 13 Ab., 443, 469; 7 Ab., 349; 4 Ab., 368. $237. In case judgment be entered for the plaintiff, in such action, the sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for that purpose; 1. By paying over to such plaintiff the proceeds of all sales of perishable property, and of any vessel, or share, or interest in any vessel sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy such judgment; 2. If any balance remain due, and an execution shall have been issued on such judgment, he shall proceed to sell under such execution, so much of the attached property, real or personal, except as provided in subdivision four of this section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association, the sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto, which were had by such defendant. 3. If any of the attached property belonging to the defendant, shall have passed out of the hands of the sheriff without having been sold or converted into money, such sheriff shall re-possess himself of the same, and for that purpose shall have all the authority which he had to seize the same under the attachment, and any person who shall willfully conceal or withhold such property from the sheriff, shall be liable to double damages at the suit of the party injured; 4. Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes, and other evidences of debt and the debts that may have been seized or attached under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment. At the expiration of six months from the docketing of the judgment, the court shall have power, upon the petition of the plaintiff, accompanied by an affidavit, setting forth fully all the proceedings which have been had by the sheriff since the service of the attachment, the property attached, and the disposition thereof, and also the affidavit of the sheriff that he has used due diligence and endeavored to collect the evidences of debt in his hands so attached, and that there remains uncollected of the same any part or portion thereof, to order the sheriff to sell the same, upon such terms and in such manner as shall be deemed proper. Notice of such application shall be given to the defendant or his attorney, if the defendant shall have appeared in the action. In case the summons has not been personally served on the defendant, the court shall make such rule or order, as to the service of notice and the time of service as shall be deemed just. When the judgment and all costs of the proceedings shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the attached property or the proceeds thereof. As amended by Laws of 1859, ch. 428. 31 B., 89; 27 B., 468; 24 B., 119; 22 How. P. R., 278; 13 Ab., 181, CHAP. XL. When ac cover notes, fendant, tion to re &c., of de may be pro plaintiff In the action $238. The actions herein authorized to be brought by the sheriff, may be prosecuted by the plaintiff, or under his direction, upon the delivery by him to the sheriff of an undertaking executed by two sufficient sureties, to the effect that the plain- secuted by tiff will indemnify the sheriff from all damages, costs and expenses on account thereof, not exceeding two hundred and in which fifty dollars in any one action. Such sureties shall in all ment is cases, when required by the sheriff, justify, by making an affidavit that each is a householder, and worth double the amount of the penalty of the bond, over and above all demands and liabilities. the attach sued. Bond to attachment 32 B., 602; 31 B., 89; 22 How. P. R., 180; 3 How. P. R., 281. $239. If the foreign corporation or absent or absconding sheriff on or concealed defendant, recover judgment against the plain- how dis tiff, in such action, any bond taken by the sheriff, except such fudgment as are mentioned in the last section, all the proceeds of sales ant. posed of on for defend PART III. Discharge of attachment and return of to defend appearance in action. and moneys collected by him, and all the property attached remaining in his hands, shall be delivered by him to the defendant or his agent on request and the warrant shall be discharged, and the property released therefrom. 8 Ab., 70. $240. Whenever the defendant shall have appeared in such action, he may apply to the officer who issued the attachment, property or or to the court, for an order to discharge the same, and if the Its proceeds same be granted, all the proceeds of sales and moneys colant on his lected by him, and all the property attached remaining in his hands, shall be delivered or paid by him to the defendant or When relief his agent and released from the attachment. And where plied for there is more than one defendant, and several property of either of the defendants has been seized by virtue of the order of attachment, the defendant whose several property has been seized, may apply to the officer who issued the attachment for relief under this section. may be ap Undertak of defend ant. Amended by Laws of 1862, ch. 460. 29 B., 109; 7 B., 658; 13 Ab., 97, 181, 432, 470; 12 Ab., 63; 7 Ab., 26; 22 How. P. R., 106, 278; 11 How. P. R., 227. S241. Upon such application the defendant shall deliver part to the court or officer an undertaking, executed by at least two sureties, who are residents and freeholders, or householders, in this state, approved by such court or officer, to the effect that the sureties will, on demand, pay to the plaintiff the amount of judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking, which shall be at least double the amount claimed by the plaintiff in his complaint. If it shall appear by affidavit that the property attached be less than the amount claimed by the plaintiff, the court or officer issuing the attachment may order the same to be appraised, and the amount of the undertaking shall then be double the amount so appraised. And in all cases the defendant may move to discharge the attachment as in case of other provisional remedies. And where there is more than one defendant, and several property of either of the defendants, has been seized by virtue of the order of attachment, the defendant whose several property has been seized, may deliver to the court or officer, an undertaking in accordance with the provisions of this section, to the effect, that he will on demand pay to the plaintiff the amount of judgment that may be recovered against such defendant. And all the provisions of this section applicable to such undertaking shall be applied thereto. Amended by Laws of 1857, ch. 723; 1862, ch. 460. 29 B., 109; 7 B., 658; 22 How. P. R., 106; 19 How. P. R., 411; 16 How. P. R., 78; 4 How. P. R., 227; 13 Ab., 78, 432; 12 Ab., 159; 10 Ab., 391; 7 Ab., 26. S242. When the warrant shall be fully executed or discharged, the sheriff shall return the same, with his proceedings thereon, to the court in which the action was brought. 4 Ab., 72. CHAP. XI. Sheriff's $243. The sheriff shall be entitled to the same fees and 31 B., 89; 21 How. P. R., 457; 20 How. P. R., 405; 11 How. P. R., 207; CHAPTER V. OTHER PROVISIONAL REMEDIES. SEC. 244. Powers of courts as to receivers, deposit of money, &c., in court, and other provisional remedies. $244. A receiver may be appointed: Powers of courts as to other provisional 1. Before judgment, on the application of either party, when receivers, he establishes an apparent right to property which is the money, and subject of the action, and which is in the possession of an adverse party, and the property, or its rents and profits, are remedies. in danger of being lost or materially injured or impaired, except in cases where judgment upon failure to answer may be had without application to the court. 2. After judgment, to carry the judgment into effect. 3. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the judgment debtor refuses to apply his property in satisfaction of the judgment. 4. In the cases provided in this Code, and by special statutes, when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights and in like cases of the property within this state of foreign corporations. Receivers of the property within this state, of foreign corporations, shall be allowed the same commissions as are allowed by law to the trustees of the estates of absconding, concealed and non-resident debtors. 5. In such other cases as are now provided by law or may be in accordance with the existing practice, except as otherwise provided in this act. When it is admitted by the pleading or examination of a party, that he has in his possession, or under his control any money or other thing capable of delivery, which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court. Whenever, in the exercise of its authority, a court shall have ordered the deposit, delivery or conveyance of money or other property, and the order is disobeyed, the court, besides punishing the disobedience, as for contempt, may make an order requiring the sheriff to take the money or property, and |